Ancestral Property
Martin Sebastian
(Querist) 28 July 2010
This query is : Resolved
My uncle(my father's younger brother) died last year. he don't have children. Now another uncle's son claims that as per the WILL he is the new owner of uncle's property. (Uncle got this property from grand father only)-
Please advise how we can challenge his claim?..
Also please advise whether we will get any benefit of law in this case?
what are the suggested steps to be followed to raise this issue?
Devajyoti Barman
(Expert) 28 July 2010
If the property is ancestral then you could claim your share by way of partition suit. The Will can not be put into operation unless probate is granted in its respect and when the beneficiary or the executor will apply for the same then you will get your opportunity to put objection and contest his claim.
s.subramanian
(Expert) 28 July 2010
yes. i endorse the view of barman.
Chanchal Nag Chowdhury
(Expert) 29 July 2010
Will cannot be enforced unless Probate is granted by a competent court. U may challenge the will in court when your cousin files for Probate or U may go for Partition independently.
Martin Sebastian
(Querist) 29 July 2010
Thanks for your reply!
Since I was out of state for job from last few years, I don't have clarity about the WILL he is talking about, I need your advise to deal with following circumstances.
a) Uncle had not only ancestral property but also had self earned properties also.
b)I don't believe the story of WILL that this guy claims- Can I ask him to show the WILL (or any such evidence)- If he is not ready what should be my next action.
c)If there is no such WILL exist, the other option is -he must have pressurised Aunt(Uncle's wife- she died 6 months back) to get all properties in his name. If this is the case, could you please advise whether Aun't is legally authorised to tranfer propeties to this guy? if so, upto how much extent...
Thanks in advance for your reply.
